UAE Law: Can I request a tip without resigning? – information

Question: This may sound stupid, but is there any way to apply for my honorarium without resigning? I have been working for a company in Dubai for the past 20 years. My daughter is about to get married and I need cash very much. Please advise.

Reply: Based on your inquiry, we assume that you are employed by a company in Dubai Mainland. Therefore, the provisions of the Federal Law No. 8 of 1980 governing employment relations in the UAE (“Employment Law”) apply.

It should be noted that the Employment Law does not provide for the payment of remuneration to employees while they are still employed. When the labor-management relationship is terminated, the remuneration is generally calculated in accordance with the provisions of Article 132 of the Labor Law.

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If the employee’s service period with the employer is at least one year, the employee is entitled to remuneration; if the labor contract is not terminated due to the reasons specified in Article 120 of the Labor Law; if the employee does not voluntarily resign within the notice period; labor Other conditions stipulated in Article 121 of the Law.

However, considering your long-term relationship with your employer, you can make a written request for payment of remuneration on the date. Based on this, your employer may consider your request and may issue your remuneration amount or part of it.

While tipping in advance, your employer may also sign a commitment from you confirming that you have withdrawn a certain amount. Thereafter, when you resign or retire, your employer will deduct this amount when paying your service termination benefits.

This is in line with Article 135 of the Labor Law: “The employer may deduct any payment due to the worker from the end-of-service remuneration of the worker.”

Or, you can consider asking your employer to provide you with a loan with your remuneration.

It is recommended that you contact the Ministry of Human Resources and the Emirates for more clarification on the above matters.

Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practice in Dubai, the UK and India. For complete details of his company, please visit: www.amalawyers.com. Readers can email their questions to: news@khaleejtimes.com or to Legal View, Khaleej Times, PO Box 11243, Dubai.